In an April 10, 2019 post, Katie Bechina and I explained how cashing the insurer’s check might eliminate rights to additional insurance proceeds under a legal doctrine called “accord and satisfaction”. See [permalink] In short, we said that, if the insurer and the insured have a bona fide dispute and Read More
Defective Construction, Resulting Property Damage, and Potential CGL Coverage: What’s the law, and How do we deal with it?
The majority of state supreme courts considering the issue over the last 20 years have determined that negligent or unintentional defective construction that causes property damage is an “occurrence”, potentially giving rise to coverage under a Commercial General Liability insurance (“CGL”) policy. See Black & Veatch Corp. v. Aspen Ins. Read More
What’s the difference between the “Employee Benefits Liability” coverage under a CGL Policy and coverage under a Fiduciary Liability Policy?
Commercial General Liability (CGL) insurance often include an “Employee Benefits Liability Coverage” endorsement (see, e.g., ISO CG 04 35 03 05). The endorsement grants coverage for damages attributable to any negligent act, error, or omission in the “administration” of an “employee benefit program.” The coverage under this endorsement is similar to, Read More
The Fair Credit Reporting Act, 15 U.S.C. §§ 1681, et seq. (FCRA), may barely sneak into a top ten list of federal labor and employment laws. Competing with such stalwarts as Title VII, ADEA, ADA, § 1981, FMLA, FLSA, NLRA, and OSHA, the FCRA might make the list because it regulates Read More
Fiduciary Liability and ERISA Bond Explained + How do I answer the line 4(e) question on IRS Form 5500?
Fiduciary Liability Policies provide coverage to the sponsors and fiduciaries of employee benefit plans against claims under ERISA and similar state laws. As the name denotes, the core coverage under these policies is liability coverage. Thus the policies provide coverage for costs associated with the defense of claims (e.g., demand Read More